Terms and Conditions

Welcome to our digital information network. These are our terms and conditions for use of the network, which you may access in several ways, including but not limited to the World Wide Web via ourepicfieldtrip.com, digital television, PDA, mobile phone and RSS feeds. In these terms and conditions, when we say “our site” we mean the digital information network operated by or on behalf of ViaVista, Inc. or its subsidiaries and affiliates (collectively “ViaVista”). However you access our site, you agree to be bound by these terms and conditions.

Your use of our site is for your own personal and non-commercial use only. You acknowledge that, as between ViaVista and you, ViaVista is the sole owner of all content on our site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on our site (“ViaVista content”). Our site and ViaVista content are protected by the copyright laws and other intellectual property laws of the United States and are protected globally by applicable international copyright treaties.

You may download and print extracts from our site for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any ViaVista content for any other purpose without our prior written approval. Except as expressly authorized by ViaVista, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the our site. If you wish to use our content other than as permitted by these terms and conditions, please contact us using the contact form on our site.

ANY comments, material, content or posts that are racist, fraudulent, unlawful, defamatory, pornographic, profane, liabalist, sexist, abusive, offensive, threatening, hateful, include full or partial nudity, are obscene or otherwise objectionable will be immediately deleted. ViaVista has a “Zero Tolerance” policy for such comments, material, content or posts. Users posting such content will/may immediately be banned from using the site without notice.

To the extent permitted by law, we do not accept any responsibility for any statement in the ViaVista content. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the ViaVista content or any part of it. You can access other sites via links from our site. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning our site or the ViaVista content. In particular, we do not warrant that our site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to our site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

You will see advertising material submitted by third parties on our site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein. If you want to advertise on our site, please contact us using the contact form on our site.

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on our site. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use our site after it has been posted.

You agree to defend, indemnify, and hold harmless ViaVista, its subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions. Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of ViaVista.

Visitors to our site agree that their use of our site is at their own sole risk. Our site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of our site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. ViaVista also makes no representations and warranties as to any linked sites and ViaVista has no liability or responsibility with respect to your use of such sites. In some instances, content made available on our site may represent the opinions and judgments of providers or users, such as user content. ViaVista and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on our site by anyone other than authorized ViaVista employees acting in such capacity.
This disclaimer of liability applies to any damages or injuries caused by our site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on our site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorized access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. ViaVista does not warrant or guarantee that access to our site will be uninterrupted or error-free.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL VIAVISTA OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE OUR SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OUR SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF VIAVISTA SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, VIAVISTA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING VIAVISTA’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

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